WILLIAM DONALD SCHAEFER, Governor

Ch. 3

2.       "BOARD" MEANS THE BOARD OF LICENSE
COMMISSIONERS.

3.       "DINING AREA" MEANS THE AREA OCCUPIED BY
PATRONS FOR THE CONSUMPTION OF FOOD AND INCLUDES A COCKTAIL AREA
WHERE FOOD NEED NOT BE SERVED IF THERE IS NO SEPARATE OUTDOOR
ENTRANCE TO THE COCKTAIL AREA.

(2) (i) 1. [In Montgomery County this license shall be issued by the]
THE Board [of License Commissioners] MAY ISSUE THIS LICENSE only to the owner of
any restaurant or hotel that has a minimum dining area of 1,000 square feet.

2.       THE RESTAURANT SHALL BE located in the third, fourth,
seventh, eighth, ninth, tenth, or thirteenth election districts [of the County except].

3.       THE LICENSEE MAY NOT BE LOCATED in the [Town]
TOWNS of Poolesville, [Takoma Park] TAKOMA PARK, and Kensington.

(II) 1. As a prerequisite for the initial issuance of a license under
this subsection, the owner shall attest in a sworn statement that gross receipts from food
sales in the restaurant or hotel will be at least equal to the gross receipts from the sale of
alcoholic beverages.

2.       As a prerequisite for each renewal of a license issued under
this subsection, the owner shall attest in a sworn statement that the gross receipts from
food sales in the restaurant or hotel for the 12-month period immediately preceding the
application for renewal have been at least equal to the gross receipts from the sale of
alcoholic beverages.

3.       The Board [of License Commissioners] by regulation shall
provide for periodic inspection of the premises and for audits to determine the ratio of
gross receipts from the sale of food to gross receipts from the sale of alcoholic beverages.

4.       Any regulations adopted by the Board shall include a
requirement of at least monthly physical inspections of the premises during the initial
license year of any licensee and the submission by the licensee to the Board, during the
initial license year, of monthly statements showing gross receipts from the sale of food
and gross receipts from the sale of alcoholic beverages for the immediately preceding
month.

5.       In the event that a licensee, during the initial license year,
fails to maintain the sales ratio requirement provided in this paragraph for a period of
three consecutive months or after the initial license year for each license or calendar year,
the Board, in its discretion, may revoke the license. The Board may require any licensee
to provide supporting data as it, in its discretion, deems necessary, in order to establish
that the requirements of this section relating to the ratio of gross receipts from the sale of
food to those from the sale of alcoholic beverages have been met. [For the purposes of
this section the term "dining area" means the area occupied by patrons for the purpose of
the consumption of food. It may include also a cocktail area where food need not be
served if there is no separate outdoor entrance to the cocktail area.]

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